May 23, 2018 at 5:32 p.m.
'Iron County Five' murder case moves forward
'Iron County Five' murder case moves forward
By Abigail Bostwick-
Richard Allen, 27, Joseph Lussier, 26, James Lussier, 19, Curtis Wolfe, 26, and Evan Oungst, 27 are all charged with being a party to the crimes of first-degree intentional homicide and hiding a corpse in connection with the death of Wayne Valliere Jr., 25, on Dec. 22.
Oungst, represented by Rhinelander attorney Amy Ferguson, appeared via video conference from the Vilas County Jail. He waived his right to a preliminary hearing and Ferguson filed a motion to reduce bail. That motion will be heard at a later date.
James Lussier, who is being defended by Hurley attorney Martin Lipski, and Wolfe, represented by Milwaukee attorney Jeffery Joy, also waived their preliminary hearings.
Joseph Lussier, with attorney Craig Haukaas, and Richard Allen, with James Lex representing him, both appeared in person.
The prosecutor is Richard Dufour and Iron County Judge Patrick Madden is presiding over the cases.
Preliminary hearing
Special agent Michael Reimer with the Wisconsin Department of Justice testified Wednesday.
Reimer was dispatched to the area after Lac du Flambeau police began searching for Valliere Jr. as a missing person when his family reported he did not return home around the holidays.
When Valliere Jr.'s body was found in a remote, wooded area in the town of Mercer off Swamp Creek Road on Jan. 21, 2018, the investigation turned from a missing person's case to a homicide.
Reimer testified Joseph Lussier told another inmate in the Vilas County Jail that he "slumped" Valliere Jr. Reimer indicated he was not familiar with the term at first but later learned it was slang to mean he murdered Valliere Jr. There are connections between the men charged and the Native Soldier Gang, court documents allege.
Citizen witnesses told police that earlier on Dec. 22, Wolfe and Joseph Lussier were yelling at Valliere Jr. regarding money and a meth pipe he'd supposedly stolen and Valliere Jr. appeared nervous, court documents say.
The homicide reportedly occurred after a party Dec. 21, 2017 when Valliere Jr. allegedly indicated to Allen he was going to set up Allen and others, giving Allen the impression Valliere Jr., was a confidential police informant.
Allen allegedly pulled out a handgun with the intent to kill Valliere Jr. right then at the party, but Joseph Lussier stopped him and told him to wait, Reimer testified.
"They then took a ride to where the body was recovered," said Reimer.
Valliere Jr., Allen, Joseph, both Lussiers, Wolfe and Oungst were in the van that left the party in the late hours of the night, court reports say. The group drove to a deserted area in the town of Mercer, exited and the defendants allegedly beat Valliere Jr.
Allen reportedly told the inmate that Allen gave Valliere Jr. a chance to fight for his life but Valliere Jr. was "ready to die."
"Mr. Allen shot Mr. Valliere in the face," Reimer testified.
Reportedly, Joseph Lussier "emptied a clip into Mr. Valliere," Reimer added.
Valliere Jr. suffered a total of eight gunshot wounds, two to the head and neck, two to the upper back, one to the lateral back, one to the mid-back and two to the lower left back, according to the autopsy conducted by University of Wisconsin Madison forensic pathologist Michael Stier. Stier listed cause of death has "homicide."
Wolfe, James and Oungst allegedly got rid of the body, according to the complaint.
Oungst led police to the body on Jan. 1, according to reports. Spent shells were found at the crime scene.
Reimer also stated another witness told law enforcement Allen had told them he confessed "...he'd shot and killed Wayne Valliere ... and that after shooting him in the face, Joseph emptied a clip, firing several rounds into the victim."
According to court documents, a citizen witness stated James Lussier admitted to driving with Joseph Lussier and Valliere Jr., where Allen struck Valliere and they then wrestled. The witness added that James Lussier told him Allen shot Valliere Jr. in the face and then "...while Wayne was still moving around and breathing, Joseph 'put a six pack in his back.'"
One witness said Allen referred to his gun as "baby." The gun was related to a burglary in Oneida County where guns were stolen, according to the complaint. The witness identified a picture of the weapon recovered from the duct as being the gun Allen called "baby."
Court evidence
Exhibit 1 Wednesday was the final autopsy report from Stier indicating Valliere Jr.'s cause of death was due to "multiple gunshot wounds." It was not specified which wound was the fatal one.
Eight bullets fired from a 9 mm gun were recovered from the body, according to the testimony. Casings matching that weapon were found at the homicide scene, observed Reimer to the court. Also recovered at the scene were samples of blood-stained snow as well as a piece of metal consistent with the rear sight of a handgun.
A handgun matching those bullets, and identified by a witness as "baby," was recovered at the home of Wolfe's sister. It was hidden in ductwork in the basement. Wolfe told police he'd received the gun wrapped in a bandana from Joseph Lussier after he'd "...wiped it down." In the gun was a magazine that had four spent shell casings in it. The casings were the same casing as those found at the murder scene. Further, the gun recovered was missing the rear sight.
Haukaas and Lex pointed out the inmates who'd talked to Reimer were not actually at the scene when the homicide occurred.
Haukaas questioned Reimer as to what the final autopsy revealed as the final cause of death. While the preliminary autopsy report indicated Valliere Jr. died of gunshot wounds, the final report did not list a final cause, he said. One could not be determined with absolute certainty, it was indicated.
Judge Madden noted the testimony was credible and found there was sufficient probable cause to bind all five defendants over for trial.
Arraignment, at which time the five men will enter their pleas, is slated for Wednesday, May 30 at 1 p.m. Several parties will appear via video or phone.
The courthouse had a heavy deputy presence during the hearing both in and out of the courtroom. As Joseph Lussier and Allen were led from the courtroom back to jail, family and friends of Valliere Jr. dried tears and a few called out "losers" at the men.
If convicted, the men face life in prison.
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